Part 4:  Eligibility categories

Why are there both federal and state rules about special education?

In the Individuals with Disabilities Education Act (IDEA, 2004) the federal government gives “big picture” guidelines about special education. Within IDEA guidelines, states create their own administrative rules for things like evaluation, eligibility, and ways of providing services.  These are reviewed and amended frequently.  In fact, IDEA has been amended several times since its inception in 1975 as the Education for All Handicapped Children Act (Public Law 94-142). States may offer to provide more services to students than the federal law requires, but not fewer.

More information about special education law at: http://idea.ed.gov/

Under what circumstances would the eligibility be SLD or OHI?

Based upon a comprehensive evaluation, the eligibility team, including parents, makes the decision as to the most appropriate category of disability.

Is TBI a primary eligibility category?  Can it be added as a secondary eligibility?

TBI is often determined to be the primary eligibility category, since it can affect several different aspects of a child’s performance, including learning, memory, language, behavior, sensory, and motor areas. If the child’s primary disability is TBI, there is no need to also have a secondary eligibility of “learning disability.”  TBI can result in learning problems since it can affect many areas of the child’s functioning. TBI can be a secondary eligibility if the specific criteria are met, and the team feels that another disability category is more appropriate for the child.

Does the type of eligibility a student has influence the type of services he receives?

No. Regardless of the eligibility category, a student must receive an individual education plan (IEP) designed to meet his/her needs in all areas. The types of services provided in the IEP are determined by student needs, not disability category. One disability does not receive more or less support based upon the category, only student need.

For a student with a TBI, establishing eligibility under the correct category is important because it increases understanding of the root-cause of the student’s difficulties. Other eligibilities have less variability over time and setting – if a student is not identified as having a TBI, the injury may be forgotten by the time difficulties develop. Additionally, strategies for instruction and behavior management can be different for challenges caused by a brain injury.

Contact us for assistance and information!

This concludes our first TBI FAQ series. If you have more questions about the special education eligibility process or general supports for students with TBI, please contact the Oregon TBI Educational Consulting Team:

• tbiteam@wou.edu
  
• 1-877-872-7246 (message line)

If you are looking for specific information related to brain injury research or resources, feel free to contact our librarian, Laura Beck:

• www.cbirt.org/ask-librarian/
• tbi@wou.edu

Part 3:  Becoming eligible under TBI

In order to receive special education services students must be found eligible under a specific eligibility category. To be eligible for special education under the Traumatic Brain Injury category, a child must meet all of these conditions:

1.  The child has an acquired brain injury caused by an external physical force.
2.  The condition is permanent or expected to last more than two months.
3.  The injury results in impaired communication, behavior, cognition, sensory, motor, or physical abilities.
4.  The child’s disability adversely impacts educational performance.
5.  The child needs special education as a result of the disability.

Big picture:  

•  The child had a traumatic brain injury that adversely impacts his or her education, and
•  the child needs spec ial education because of the disability.

Medical Report Required for TBI Eligibility

The eligibility for special education with TBI does require a health care provider’s medical report. The school-based team, including the parent, however, determines the child’s eligibility for services based upon meeting the criteria for the category and educational need.

If the child is eligible for special education, she or he will be guaranteed an individual education plan designed to address his or her specific needs.

For more information on school assessment and eligibility, read:  http://www.cbirt.org/tbi-education/assessment-eligibility/

The series continues tomorrow in part 4 of 4, Eligibility categories.

Part 2:  School Support Teams

If classroom adaptations aren’t enough, and you think the suspected disability is negatively impacting the student’s learning, refer the student for screening by the school’s support services team. Each school has a support team that provides screening and consultation on a range of issues, including assessment for special education eligibility.  

Who makes up the student support services team?

All schools have a support team and a process for identifying, assessing and developing supports for students. State and federal law define the make-up of the school support services team. It needs to include:

•  A teacher who is highly qualified to teach students with disabilities (usually a special education teacher),
•  A general education teacher (usually the child’s home room teacher),
• A person qualified in assessment (usually a school psychologist) and
• A district representative.

Referrals for screening can come from anyone who has concerns about the child (parents, teachers, and other staff). If, after consultation and screening, the team recommends that the child be evaluated, then parents must be notified and must provide written informed consent for the evaluation.

What does the support services team do?

Consults and screens

 The support services team takes in referrals for screening and helps teachers and parents to problem-solve concerns about students. Referrals might be about a child’s behavior problems on the playground – maybe he has had more than one detention for fighting. The team could help plan ways to teach the child positive behaviors and support him in that setting. The team can screen for more serious concerns, issues that might need individual evaluation with parent consent. If a teacher suspects a child may have a previous head injury, the support services team can help problem-solve next steps and provide consultation with the teacher and/or parents.

Evaluates

For a comprehensive evaluation, the team becomes an eligibility team, which must include the parents of the child being evaluated. For an evaluation, parents become a part of the team, providing their unique and rich sources of information about their child. More team members may be added, based upon the child’s suspected areas of disability. For example, if a child may have had a brain injury, a district nurse trained in TBI may join the evaluation team. Since a medical report stating the child has experienced a traumatic brain injury is required for eligibility, a health care provider may become part of the team through consultation. Federal law requires that all areas of suspected disability must be evaluated. Evaluations could include a physical therapist, speech-language pathologist, or behavior specialist as well.

(For more information see: http://www.cbirt.org/tbi-education/assessment-eligibility/)

Determines eligibility for special education

The disability category is decided by the team. Federal law says that children should be identified for special education based upon “the category that is most appropriate for the child,” and each category has its own specific criteria.  A child may have both primary and secondary categories, but only one is required. For example, if the team decides that a brain injury is primarily responsible for learning difficulties –and the child meets the criteria for that category – then TBI may the appropriate category, rather than Specific Learning Disability.

The point is that the team decides on the most appropriate category, based upon the evaluation, team member’s judgment, and the eligibility criteria. Not only does the student need to meet criteria for being a child “with a disability,” but also the disability has to adversely impact his or her educational performance. In other words, the student is only eligible for special education services if he or she needs special education services.

The series continues tomorrow in part 3 of 4, Becoming eligible under TBI.

Today we begin the first of several multipart series on Frequently Asked Questions about traumatic brain injury. Our aim is to help clarify issues related to TBI by inviting experts to contribute on question topics and share additional information they feel is important.

Our first topic is eligibility for special education under TBI.  Parents and educators often feel unsure of what is needed to establish eligibility for 504 or SPED services after a TBI, and grey areas do come up.  We asked Deborah Ettel, Ph.D. to respond to questions for this piece. Before joining the research field, Dr. Ettel worked for 12 years as a school psychologist in the Eugene 4J school district.  She has extensive experience providing assessment and consultation to children and families in the special education process.  Her response to some quintessential questions about TBI eligibility will be posted in four parts:

1. Getting started
2. School support teams
3. Becoming eligible under TBI
   
4. Eligibility categories
   

FAQ

 If I suspect a student has a TBI, how can this be confirmed or diagnosed?   

What should we do if we find out a student had a brain injury in the past, but it was overlooked by the parents and the student never received services? 

A high school student exhibits TBI characteristics, but the injury occurred over 10 years ago. The student’s family has moved and they don’t remember the doctor they saw as a child. How do we medically document this TBI?

Part 1:  Getting started

If you suspect that the student may have had a brain injury, or you observe behaviors typical for students with a brain injury, discuss your concerns with the student and the parent(s). There may be medical or school records available that document the injury or provide history on ways of supporting the student’s progress in school.  If there are no medical records available, talk with parents about a consultation with their current health care provider.

In-class support strategies for a suspected TBI:

It’s important not to get overwhelmed when starting the process of establishing TBI eligibility. First, determine if there are learning or behavioral issues that need to be addressed quickly. Some possible effects of a TBI are:

1. Increased fatigue,
2. Headaches,
3. Difficulty sustaining concentration,
4. Problems with short term memory,
5. Behavior changes, including impulsivity.

(For more examples of what to look for in the classroom, see:  http://www.cbirt.org/tbi-education/about-tbi/)

Next, talk with the student and parents about your concerns. Make time to meet together and develop a plan for classroom changes you could make immediately – just as you would if a student returned to school after an illness.  For example, you might:

1. Provide the student preferential seating,
2. Allow the student more time to complete assignments and tests,
3. Have another student serve as note-taker for the student, or,
4. Provide a quiet, less distracting room for testing.

(Find more ideas at: http://www.cbirt.org/tbi-education/instruction-strategies/)

The series continues tomorrow in part 2 of 4, School support teams.